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(영문) 서울행정법원 2017.01.19 2016구합66100

유족급여및장의비부지급처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 11, 2015, the Plaintiff’s husband’s husband He (CB, hereinafter “the deceased”) joined the Jung Engineering Co., Ltd., Ltd., and worked as the Vice Minister of Construction and Transportation at the construction site of the E-construction project located in Chungcheongnam-gun, Chungcheongnam-gun.

B. On May 9, 2015, the Deceased worked at the office of the construction site of the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the 12:00 and the

After that, the deceased opened a window at the top of the vehicle set up in the accommodation parking lot and sleeped by the staff at the same time, and did not occur despite being broken by the club staff at around 09:00 on the same day, and it was confirmed that it was not easy to conceal the cardiopulmonary resuscitation, which was reported to 119 and sent back to the nearby hospital, but the deceased died at around 12:59 on the same day.

C. As a result of the autopsy conducted on May 11, 2015 by the National Scientific Investigative Research Institute, the result was that the private person of the deceased is presumed to be a acute funeral.

The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of bereaved family’s benefits and funeral expenses. However, on December 23, 2015, the Defendant rendered a decision on the payment of bereaved family’s benefits and funeral expenses according to the results of the Daejeon Occupational Disease Determination Committee, which stated that “The private person on the body of the deceased is in an aesthetic condition, but the National Science Investigation Research Institute is presumed to be an acute funeral as a result of the autopsy, and the private person is presumed to be an acute death based on an in-depth autopsy, and clinical medicine is presumed to be an acute death by an in-depth autopsy, and the deceased is confirmed as having been in an in-depth and excessive smoking and drinking for a long time, and thus, the deceased cannot be found to have a proximate causal relationship with the deceased’s death because of an

(hereinafter “instant disposition”) e.

The Plaintiff filed a petition for review seeking revocation of the instant disposition.